What is the time frame for creating jobs in a regional center project? More specifically, when do I start counting the jobs for the two-year window?
You have to have the jobs created within the 2.5 year period, and you start counting as soon as you create them.
The time frame for job creation for a regional center EB-5 project is the same as for a direct EB-5 project: the jobs must be created within two years of the investor obtaining a conditional green card. The difference is the evidence required to prove job creation. For a regional center project, the proof required for indirect job creation will depend upon the input in the economic impact study and the business plan. In the removal of condition application (form I-829), it is sufficient to show that the assumptions and inputs from the business plans (expenditures, square footage, number of hotel rooms, whatever the case may be) were actually realized. Therefore, that the numbers going into the economic model were achieved. It is not necessary to show direct jobs created in a regional center EB-5 case.
You have a great question as there is often a large amount of time between when the investment is made and when the I-526 is approved, and all of the jobs can be created well before an approval! Generally, as long as the jobs are created when filing the I-829 to remove the conditions, the jobs can be created at any time as long as they are as a result of the investment.
The applicable time frame for creating full-time jobs for U.S. workers is two years. Although there is legal debate (and just literally legal debate) on the USCIS legal interpretation/basis on when jobs are to be created, the regulation for a typical EB-5 direct investment is two years, while the time frame of regional center is silent. In spite of this fact and historical grey area, most observers believe that the USCIS''s regulation says the job creation time frame for the regional center must be accomplished within a reasonable time. The counting of these jobs starts at the time your Form I-526, Immigrant Petition by Alien Entrepreneur, is approved and your Form I-829, Petition by Entrepreneur to Remove Conditions, is filed, which is approximately two years. All the 10 jobs that are supposed to be created should have been accomplished in between I-526 and I-829 filing periods, which is the time when your temporary/conditional green card is approved and you are filing for the permanent green card. Advisably, contact an EB-5 attorney to make sure both of you put together a good calculation on the time frame.
You start counting jobs from the filing of the I-526.
Basically you have to provide documentation of creation of 10 jobs when you submit your I-829 petition. So, the job has to be created in the two years prior to the submission of I-829.
There is an acceptable timeline, but each project may dictate its own timeline. For instance, jobs may be created before the EB-5 funds are committed to the project. Also, the required jobs be created before the I-829 is adjudicated.
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